REVIEW OF JURISDICTION İN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS

Yıl 2001, Cilt: 1 Sayı: 1, 61 - 70, 01.01.2001

Bahar Yeşim Durak

https://doi.org/10.1501/Avraras_0000000057

Öz

The question of the limits of jurisdiction review of the court of origin by the court addressed in the recognition oj enforcement of judgments is an important matter to be analysed. When the court addressed is allowed to review the jurisdiction of the court of origin İn every case, it might lead to unnecessary delays vvhereas there might be conflicts conceming the competency of a foreign court in revievving jurisdiction of the courts of “another State” as well. On the other hand, prohibition of jurisdiction revie\v of the court of origin could lead to İgnoring false determinations conceming jurisdiction of the court of origin İn some cases. So, determination of the competency of the court addressed in reviewing the jurisdiction of the court of origin should be considered carefuliy.

Anahtar Kelimeler

REVIEW, JURISDICTION, JUDGMENTS

REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS

Öz

The question of the limits of jurisdiction review of the court of origin by the court addressed in the recognition oj enforcement of judgments is an important matter to be analysed. When the court addressed is allowed to review the jurisdiction of the court of origin İn every case, it might lead to unnecessary delays vvhereas there might be conflicts conceming the competency of a foreign court in revievving jurisdiction of the courts of “another State” as well. On the other hand, prohibition of jurisdiction revie\v of the court of origin could lead to İgnoring false determinations conceming jurisdiction of the court of origin İn some cases. So, determination of the competency of the court addressed in reviewing the jurisdiction of the court of origin should be considered carefuliy.
Both in the Brussels Convention1 and in the Draft Hague Convention,2 3 there are provisİons for the review of jurisdiction of the court of origin in the court addressed when recognition or enforcement is sought. Though the main principle is the “non-review” of jurisdiction of the court of origin İn the context of the Brussels Convention as explicitly stated in articles 28/3 and 34/2, there are exceptions within this Convention to this rule. On the other hand, in the Draft Hague Convention, there is the article 27/1 directing the court addressed to verify the jurisdiction of the court of origin and there are many possibilities that allow the court addressed to review the jurisdiction of the court of origin.

Anahtar Kelimeler

REVIEW, RECOGNITION, JUDGMENTS

Kaynakça

• Ankara Üniversitesi Ankara Avrupa Çalışmaları Dergisi